The accident was partially my fault, can I still file a claim for compensation?
When the victim of an accident is partially at fault, they are guilty of contributory negligence. This means that they also contributed to the accident. Under Pennsylvania law, contributory negligence does not automatically prevent the victim from recovering damages they sustained.
State law applies the law of comparative negligence, which sets the amount of fault to each party to determine whether the injured party can file a claim for compensation. If the person who files the claim for compensation contributes more fault than the alleged at-fault party, then the person filing receives no compensation. If the victim driver is at fault less than the other party, the compensation decreases by the amount of the fault the person filing the claim.